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Home My WebLink AboutAgenda - 06-05-2012 - 7gORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 5, 2012 Action Agenda, Item No. SUBJECT: Amendment to Orange County Code of Ordinances Regarding Weapons DEPARTMENT: Attorney's Office PUBLIC HEARING: (Y /N) No ATTACHMENT(S): Chapter 18 Amendment Resolution of Adoption INFORMATION CONTACT: John Roberts, (919) 245 -2318 PURPOSE: To amend the Orange County Code of Ordinances to prohibit the carrying of concealed weapons on certain Orange County property. BACKGROUND: In July 2011 the General Assembly adopted Session Law 2011 -268, which amended North Carolina General Statute §14- 415.23 to significantly expand the ability of Concealed Carry permittees to possess concealed weapons statewide. The General Assembly simultaneously provided local governments the authority to regulate carrying concealed weapons on and in local government owned recreational facilities including playgrounds, athletic fields, swimming pools, and athletic facilities. Through the amendment of Chapter 18, Article V of the Orange County Code of Ordinances, the Board of Commissioners may exercise the authority granted by the General Assembly to prohibit the carrying of concealed weapons on and in certain Orange County properties. At a previous discussion of this topic at the Board's February 7, 2012 regular meeting, questions were raised about some parks that feature substantial areas of low- impact recreation or trails. Of the County's parks, the following miles of trail exist at parks that have substantive portions of low- impact recreation areas: • Cedar Grove Park — One mile of hiking trails, • Little River Park — 7 miles of hiking trails, 7 paved walking trail, Y2 -mile bird - watching trail • Twin Creeks Park — 3/ -mile paved greenway 1/3 -mile ADA walking track miles of mountain bike trails, 1/3 -mile ADA FINANCIAL IMPACT: Financial impact associated with approval of the resolution adopting the amendment is limited to the cost of signs to post each property. RECOMMENDATION(S): The Manager recommends the Board adopt the amendment by approving and authorizing the Chair to sign the attached resolution amending the Orange County Code of Ordinances to prohibit the carrying of concealed weapons on certain Orange County property. ARTICLE V. WEAPONS* * Cross References: Weapons in parks, § 26 -53. (repealed), Orange County Facilities Use Policy. Sec. 18 -151. Defmitions. For purposes of this section and any other Code of Ordinances section that addresses the possession of firearms or weapons, the following terms are hereby defined: (1) Athletic facility means a building, structure or place for engaging in sporting events, recreational activities, fitness or physical training. (2) Athletic field means a piece of land traditionally used for organized athletic or sporting event(s), including the adjoining;, spectator area. (3) Handgun means a gun or firearm desigried to be held and operated by one hand including but not limited to any revolver � pistol, derringer, pepperbox, machine pistol, single -shot pistol, or semi - automatic pistol. (4) Playground means a piece of land used for and usually equipped with facilities for recreation especially by children including the adioming area and shelter used by children for respite, eating and playing sedentary games. (5) Pocket Knife means a folding knife typically used for utilitarian purposes having an overall length of four inches or less when in its closed position. (6) Recreational facilities include the following: a playground, an athletic field, a swimming col, and/or athletic facility owned, leased; or operated by Orange County. (7) Weapon in,610des, but is not limited to, any rifle, shotgun, weapon of mass destruction; or knife (exc pding pocket knives). (Ord. of 11 -1- 1995, § 6.1, effi 11 2 -199$, Amend. of _ -_ -2012, eff. _ -_ 201_) Sec. 18 -152. Prohibition. (1) It shall be unlawful for any person to possess or carry a concealed or non - concealed handgun or weapon, on or in any county - owned, leased, or operated building or its appurtenant premises including, but not limited to, a parking lot, or on or in any public school building or grounds. (2) It shall be unlawful for any person to possess or carry a concealed or non - concealed handgun, with or without a permit, or weapon on, in or within any of the recreational facilities as defined above in any of the county parks listed in Section 18 -154. Except as otherwise provided herein, the County Manager or his or her designee is authorized and directed to post, in conspicuous locations, notices of this prohibition against carrying a concealed handgun. Nevertheless, a concealed handgun permittee may, at the designated parking area of a recreational facility, secure the handgun in a locked vehicle within the trunk, glove box, or other enclosed compartment or area within or on the motor vehicle. (3) It shall be unlawful for any person to possess or carry a non - concealed handgun or weapon or a concealed weapon on any county - owned, leased, or operated property. 3 (Ord. of 11 -1 -1995, § 6. 1, eff. 11 -2 -1995; Amend. of 5 -5 -1997, eff. 5 -6 -1997; Amend. of - - 2012, eff. _ -_ -201 Sec. 18 -153. Exceptions. The prohibitions contained in section 18 -152 shall not apply to the following: (1) Officers and enlisted personnel of the armed forces of the United States when in discharge of their official duties as such and acting under lawful orders requiring them to carry a handgun, firearm, or other weapon; (2) Civil officers or employees of the United States, of the state or of the county while in the discharge of their official duties' as such and acting under lawful orders requiring them to carry a handgun, firearm, :or other' weapon; (3) Officers and soldiers of the militia and the state national guard when called into actual service as such and acting under lawful orders requiring them to carry a handgun, firearm, or other weapon; (4) Officers of the state, or any county, city or town charged with the enforcement of laws of the state, when acting in the discharge of their official duties as such and acting under lawful orders requiring them to carry a handgun, a firearm, or other weapon; (5) Sworn law - enforcement flfficers;'a carry a concealed weapon while cons substance or while alcohol or an" unla officer's body; (6) State probation or parole certified does not carry a concealed weapon controlled substance or while alcohol off -duty, provided that an officer does not alcohol or an unlawful controlled ontrolled substance remains in the cers, when off -duty, provided that an officer consuming alcohol or an unlawful n unlawful controlled substance remains in Any person delivering a handgun, firearm or other weapon to a law enforcement (8) Any person who., holds a lawfully issued concealed carry permit to carry on or about his or her person a handgun and who is present at a recreational facility within the Little River Regional Park and Natural Area for the sole purpose of accessing remote areas, within the'bounds of the Little River Regional Park and Natural Area; (9) As to the prohibition of carrying or possession of a knife, employees of a contractor or'ather business doing business on county property when in discharge of their official duties as such in fulfillment of a contract with Orange County and acting under orders requiring the carrying of a knife and Employees of Orange County carrying out their official duties under orders requiring the carrying of a knife; (10) The carrying or discharge of guns or muskets on outdoor county recreation facilities for ceremonial or battle re- enactment purposes where such activities have been granted approval and written permission by the County Manager or his or her designee. However, in no event shall live ammunition be discharged. (11) Any other person or group exempted from prosecution by North Carolina General Statute § 14- 269(b). (Ord. of 11 -1 -1995, § 6.2, eff. 11 -2 -1995; Amend. of 5 -5 -1997, eff. 5 -6 -1997; Amend. of - - 2012, eff. ----201_) — — Sec. 18 -154. Parks and Facilities. Concealed or non - concealed handguns and concealed or non - concealed weapons are prohibited in or on recreational facilities in the following parks: Cedar Grove Park, Central Recreation Center, Efland- Cheeks Park & Community Center, Eurosport Soccer Center, Fairview Park, Little River Regional Park & Natural Area, Orange County Sportsplex, River Park & Public Market House. Ord. of 11 -1 -1995, eff. 11 -2 -1995; Amend. o f = =2012, eff. _ -= 201 Sec. 18 -155. Notice and Signage. Except as otherwise provided herein the County Manager`+' directed to post in conspicuous locations on county -owned regarding the prohibitions contained in this Article. The Dc Agriculture, Parks & Recreation Director shall identify and county parks where the c' arrying or possession of weapons i prohibited. Ord. of 11 -1 -1995, eff. 11 72 -1995 Secs. 18- 156 - -18 -185. Res or her designee is authorized and erated property notices pent of Environment, all recreational facilities within ling concealed handguns is of _-__2012, eff. _ -_ -201_) 4 Rrs- aola- ols ORID -aoIa- oo3 ORANGE COUNTY BOARD OF COMMISSIONERS RESOLUTION OF AMENDMENT A RESOLUTION AMENDING CHAPTER 18, ARTICLE V SECTIONS 18 -151 THROUGH 18 -155 OF THE ORANGE COUNTY CODE OF ORDINANCES Be it Resolved by the Board of Commissioners of Orange County, North Carolina: WHEREAS, Orange County, through ordinance, has prohibited the carrying of weapons, concealed or non - concealed, on Orange County -owned property; and WHEREAS, in 2011 the General Assembly of North Carolina expanded the ability of concealed carry permittees to carry concealed weapons statewide with few exceptions; and WHEREAS, the General Assembly simultaneously authorized local governments to restrict and prohibit the carrying of concealed weapons on certain local government -owned property; and WHEREAS, the Board of Commissioners of Orange County, believing it to be in the best interest of the citizens and residents of Orange County, have determined that weapons whether concealed or non - concealed should not be carried on certain Orange County -owned property; NOW THEREFORE, the Orange County Board of Commissioners hereby amends Chapter 18, Article V, Sections 18 -151 through 18 -155 of the Orange County Code of Ordinances to prohibit the carrying of concealed weapons in Orange County -owned buildings and in, at, or on Orange County Recreational Facilities. This Amendment shall become effective upon adoption. Adopted by the Orange County Board of Commissioners this 51h day of June, 2012. Bernadette Pelissier, Chair Orange County Board of Commissioners Attest: Donna Baker, Clerk to the Board [SEAL] 5